<section number="80-6-1004.5"><effdate>5/7/2025</effdate><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Automatic expungement of successful nonjudicial adjustment -- Effect of successful nonjudicial adjustment.</catchline><subsection number="80-6-1004.5(1)">Except as provided in Subsection <xref depth="4" refnumber="80-6-1004.5(2)">(2)</xref>, the juvenile court shall issue, without a petition, an order to expunge an individual's juvenile record if:<subsection number="80-6-1004.5(1)(a)">the individual has reached 18 years old;</subsection><subsection number="80-6-1004.5(1)(b)">the individual's juvenile record consists solely of nonjudicial adjustments;</subsection><subsection number="80-6-1004.5(1)(c)">the individual has successfully completed each nonjudicial adjustment; and</subsection><subsection number="80-6-1004.5(1)(d)">all nonjudicial adjustments were completed on or after October 1, 2023.</subsection></subsection><subsection number="80-6-1004.5(2)">An individual's juvenile record is not eligible for expungement under Subsection <xref depth="4" refnumber="80-6-1004.5(1)">(1)</xref> if the individual's juvenile record contains a nonjudicial adjustment for a violation of:<subsection number="80-6-1004.5(2)(a)">Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, driving under the influence;</subsection><subsection number="80-6-1004.5(2)(b)">Section <xref depth="3" refnumber="76-5-112">76-5-112</xref>, reckless endangerment creating a substantial risk of death or serious bodily injury;</subsection><subsection number="80-6-1004.5(2)(c)">Section <xref depth="3" refnumber="76-5-206">76-5-206</xref>, negligent homicide;</subsection><subsection number="80-6-1004.5(2)(d)">Section <xref refnumber="76-5-418" depth="4">76-5-418</xref>, sexual battery;</subsection><subsection number="80-6-1004.5(2)(e)">Section <xref depth="3" refnumber="76-11-205">76-11-205</xref>, carrying a dangerous weapon at an elementary school or secondary school;</subsection><subsection number="80-6-1004.5(2)(f)">Section <xref depth="3" refnumber="76-11-206">76-11-206</xref>, carrying a dangerous weapon at a daycare; or</subsection><subsection number="80-6-1004.5(2)(g)">Section <xref depth="3" refnumber="76-11-211">76-11-211</xref>, possession of a dangerous weapon by a minor.</subsection></subsection><subsection number="80-6-1004.5(3)">If an individual's juvenile record consists solely of nonjudicial adjustments that were completed before October 1, 2023:<subsection number="80-6-1004.5(3)(a)">any nonjudicial adjustment in the individual's juvenile record is considered to never have occurred if:<subsection number="80-6-1004.5(3)(a)(i)">the individual has reached 18 years old;</subsection><subsection number="80-6-1004.5(3)(a)(ii)">the individual has satisfied restitution that was a condition of any nonjudicial adjustment in the individual's juvenile record; and</subsection><subsection number="80-6-1004.5(3)(a)(iii)">the nonjudicial adjustment was for an offense that is not an offense described in Subsection <xref depth="4" refnumber="80-6-1004.5(2)">(2)</xref>; and</subsection></subsection><subsection number="80-6-1004.5(3)(b)">the individual may reply to any inquiry about the nonjudicial adjustment as though there never was a nonjudicial adjustment.</subsection></subsection></section>